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CAMDEN TRUST CO. v. LEOPOLD

27 N.J. Super. 47 (1953)

98 A.2d 628

CAMDEN TRUST COMPANY, TRUSTEE UNDER THE LAST WILL AND TESTAMENT AND CODICIL THERETO OF LEON M. LEOPOLD, DECEASED, PLAINTIFF, v. HELEN C. LEOPOLD, HELEN MITZI LEOPOLD SMITH, JEROME SHOENBERG, INDIVIDUALLY AND AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF EMMA SHOENBERG, DECEASED, AND ARTHUR L. SHOENBERG, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 26, 1953.

Attorney(s) appearing for the Case

Mr. Frank S. Norcross for plaintiff (Messrs. Norcross & Farr, attorneys).

Mr. F.A. DeMaris, Jr., for defendants Jerome Shoenberg, individually and as administrator of the estate of Emma Shoenberg, deceased, and Arthur L. Shoenberg.

HANEMAN, J.S.C.

This suit concerns the construction of the codicil of the will of Leon M. Leopold.

Leon M. Leopold died October 15, 1923 leaving a last will and testament and a codicil thereto, which codicil reads as follows:

"NINTH. All the rest and residue of my estate, whether real, personal or mixed, whatsoever and wheresoever situate, that I may die seized and possessed of and entitled to including the proceeds arising from any sale or sales of...

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